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(영문) 서울북부지방법원 2016.04.08 2015고단1759
업무상과실치사등
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

[ all facts] Defendant A, who did not register a construction business, lent the name of Defendant B’s police officer (M) in the middle of July 2014, and newly built multi-household housing in N in Jung-gu Seoul Metropolitan Government (hereinafter “instant construction”).

Around November 2014, a person who received orders and received orders for the manufacture and installation of elevators among the instant construction works, is a general manager of the instant construction project with interest from a subcontractor, who is a major responsible person of the instant construction project.

Defendant

B From November 18, 2014, as the operator of the O of the elevator installation company that received the order for the installation work of the elevator among the instant construction works from the head of Flaps, B carried out installation work of the elevator during the instant construction.

[Criminal facts] 2015 Highest 1759

1. Defendant B is the owner of the instant construction project in violation of the Industrial Safety and Health Act, who is the Defendants’ business background, actual injury, occupational injury, and violation of the said Act. Defendant A ordered the Defendant’s contractor B to perform the work of installing elevators at a place where there is a risk of industrial accidents, such as the collapse of earth and sand, fire, explosion, crash, or a place at which a risk of industrial accidents exists, and the Defendant A ordered the victim P (40 years old) and Q (52 years old) to undertake the construction of elevators at the site of the said construction project on November 24, 2014.

In such cases, a business owner shall verify whether a structure or its similar structure has been built in accordance with design books to prevent risks, such as collapse, ion, collapse, collapse, explosion, etc. due to load load, snow pressure, wind pressure, earthquake, vibration, shock, etc., and where a structure or its similar structure is likely to collapse, etc. due to its weight, snow, wind pressure or other added load, etc., the safety evaluation, such as safety inspection, must be conducted in advance to remove the risks that may occur to workers, and where the installation, assembly, repair, check, or dismantling of an elevator is conducted at the workplace.

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